I recently came across Zivali v. AT&T Mobility, LLC, 08-cv-10310-JSR (S.D.N.Y. June 6, 2011), in which SDNY Judge Jed Rakoff, after decertifying an FLSA class, tolls the running of the statute of limitations for 45 days in order to give the opt-ins time to file individual cases. On one hand, its great that the Judge gave some tolling. On the other hand, 45 days is not a lot of time to notify class members of the decertification decision, obtain individual representation agreements, and file new complaints. I think this demonstrates the importance of getting together (in advance) a contingency plan for dealing with decertification in our FLSA collective actions.